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(영문) 대구지방법원 2017.12.07 2017고단5851
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who has been punished by a fine of one million won for a crime of violating the Road Traffic Act at the Daegu District Court on September 24, 2008, and a fine of one million won for the same crime at the same court on October 8, 2014 and was punished by a fine of one million won for the same crime on at least two occasions.

Criminal facts

On October 1, 2017, the Defendant driven a motor vehicle B, with the highest level of 0.084% of alcohol content in the blood transfusion around 09:20, the Defendant had driven a motor vehicle B, from the front of the Daegu Yong-gu Southern Hospital located on the south-gu Yan-ro of Daegu to the front of the road south-gu in the north-gu of the same city to the front of the North Daegu Yan-gu Yan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend the lecture is the number of times and time when the defendant was punished for the same kind of crime [3 times as a fine for 202, 2008 (0.06% of alcohol in blood transfusion), 2014 (0.053% of alcohol in blood transfusion)], the alcohol concentration in blood in the blood at the time of driving the instant drinking was due to the preceding drinking and less than 0.1%, the Defendant attempted to stop under the influence of alcohol and attempted to flee, but the Defendant’s age, sex, family, support relationship (Divorce and support for children in three places), etc., shall be determined as the same as the order, taking into account the various reasons for sentencing as shown in the argument of the instant case, such as the Defendant’s age, sex, family, and support relationship (Divorce and support for children in three places).

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